S. 3644 — Stop Fraud by SOMALIA Act

This section establishes enforcement procedures under the Child Care and Development Block Grant Act (CCDBG)—which provides federal block grants to states for child care subsidies to low-income working families and quality improvements—for child care providers subject to a final determination of fraud (i.e., a judicial decision or administrative order, with appeals exhausted, involving knowingly false statements or documentation, misrepresentations of eligibility or services, unlicensed operation where required, improper expenditures, or other fraud related to CCDBG funds). Upon such a finding, it requires the Secretary of Health and Human Services (HHS) to notify the state and require reimbursement of fraudulently obtained funds, either by direct state repayment, deduction from the state's next fiscal year's administrative allotment (or a combination), and to permanently debar the provider from all HHS-funded federal child care assistance programs (with no waivers, reversals, reductions, or eligibility restoration via name changes, reorganization, or repayment). It further (1) authorizes additional sanctions such as recoupment or general disqualification; (2) mandates states to deny debarred providers participation or funds; and (3) requires HHS, if debarment stems from an administrative order, to refer the case (including records) to the Attorney General for federal criminal investigation and potential prosecution under 18 USC chapter 47.

This section establishes a new ground of inadmissibility under INA §212(a)(2)(F) for any alien child care provider permanently debarred for fraud under the enforcement provisions of the Child Care and Development Block Grant Act of 1990 (CCDBG; 42 U.S.C. 9858g(b)(3)(D)). (The CCDBG provides federal block grants to states for child care assistance programs serving low-income working families.)

This section expands the terrorist activities grounds of inadmissibility under the Immigration and Nationality Act by adding two new subclauses to section 212(a)(3)(B)(i) to include (1) aliens permanently debarred as child care providers for fraud under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(b)(3)(D)) who the Attorney General, Secretary of State, or Secretary of Homeland Security determines used such funds to support terrorist organizations (including al-Shabaab) or individuals engaged in terrorist activity; and (2) aliens who are officers, officials, representatives, spokespersons, members, or otherwise associated with the Palestine Liberation Organization or al-Shabaab (including any alias).

This section establishes immigration consequences for aliens permanently debarred as child care providers based on a final determination of fraud under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(b)(3)(D)), which funds state child care assistance for low-income working families. Specifically, it (1) renders such aliens deportable under INA §237(a)(2)(A)(vi); (2) makes them ineligible for asylum under INA §208(a)(2)(E) and (b)(2)(A)(vi); (3) bars them from adjustment of status under INA §245(c)(9); and (4) excludes them from findings of good moral character under INA §101(f)(2).

This section modifies expedited removal, mandatory detention, and criminal alien removal procedures under the Immigration and Nationality Act (INA) to address aliens inadmissible under INA §212(a)(2)(F) or deportable under INA §237(a)(2)(A)(vi) (both relating to child care provider fraud), as follows: (1) amends INA §235 by adding subsection (d) to require immigration officers or judges to order expedited removal of suspected child care fraud inadmissibles, subject to review by the Secretary of Homeland Security, Attorney General, or designee, who may confirm removal without further hearing or authorize additional inquiry; (2) expands mandatory detention under INA §236(c)(1)(B) to aliens convicted of offenses described in INA §237(a)(2)(A)(vi); and (3) revises INA §238 to extend expedited removal to aliens incarcerated for offenses under INA §237(a)(2)(A)(iii), (A)(vi), (B), (C), or (D), offenses under INA §237(a)(2)(A)(ii) with specified predicate offenses, or permanently debarred as child care providers for fraud under section 658I(b)(3)(B) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(b)(3)(B)).

This section exempts the Secretary of Health and Human Services, Secretary of Homeland Security, and Attorney General from (1) Paperwork Reduction Act requirements (i.e., chapter 35 of title 44, U.S. Code) when implementing sections 3 through 6 of this Act and (2) Administrative Procedure Act requirements (i.e., subchapter II of chapter 5, title 5, U.S. Code) when promulgating regulations to implement this Act or its amendments, if any such official determines that compliance would impede immediate implementation. (Thus, these officials may bypass standard information collection approvals and notice-and-comment rulemaking procedures.)

This section establishes a severability clause for the Act and its amendments, requiring invalid provisions to be construed for maximum lawful effect or, if utterly invalid, severed without affecting the remainder or application to other persons or circumstances.

This section sets the effective date of the Act and its amendments as the date of enactment, except that amendments made by sections 3 through 6 apply to fraud committed by an alien on or after September 30, 1996, against any private individual, fund, corporation, or government entity, if the alien has not been arrested, charged, or indicted as of enactment.